Tucker v. Tucker

Judge Clark

dissenting:

The trial court has taken a son, age 13, from the custody of his mother. Her legal right to custody of the son, though not absolute, may be denied only upon convincing proof that she is an unfit person or for some other substantial and sufficient reason. James v. Pretlow, 242 N.C. 102, 86 S.E. 2d 759 (1955) ; Spence v. Durham, 283 N.C. 671, 198 S.E. 2d 537 (1973) ; In re Jones, 14 N.C. App. 334, 188 S.E. 2d 580 (1972).

The order of the trial court is based on findings (1) that the plaintiff is an unfit person and (2) that Melvin Clarence Tucker, Jr., and wife are both fit…